Recently my wife (elf feet) and I sold our house and hadn't found a new one yet, so we rented a property here in The Woodlands for six months. We paid all six months rent up front, and cared for the property as though it were our own. We didn't even unpack anything but the essentials. We didn't hang anything on any wall and only used two rooms and the kitchen during our time there.

We received our deposit back today, and the landlord had deducted $1,150 from our initial security deposit! His explanations are completely bogus, too.

He goes on to say that it's obvious the lawn was never watered, which is why he charged $200 for landscaping. That's not true though. I have a receipt from Home Depot for a sprinkler, a written letter from neighbors saying that saw me watering the yard regularly, and a water bill consumption history that shows our usage dramatically increase in April, May, and June. But even if I didn't water the lawn (which I did), he can't charge some random amount for landscaping. He can only charge what it costs to restore it- and watering couldn't possibly be $200.

Both cleaning fees are completely bogus, as my wife worked hard to ensure that the house was cleaner than it was when we moved in. Unfortunately we cannot prove this, though.

Our lease does not allow for a tenant "co-pay" if something on the house breaks. Contractually, he cannot charge us $75 because the garage door opener stopped working.

Lastly, the $500 management fee is the most laughable of them all. His reasoning is that he had to manage and oversee all the work done to repair his house. But our lease does not allow him to do that.

With all that in mind, do any of you have any experience with small claims court? I'm seriously considering filing a claim because these charges are completely bogus.

Going thru this now with a LL. All that you mentioned will be considered wear and tear except for the cleaning of the house and carpet. His word against yours. Management fee is a joke. He could be liable for 3 times the amount owed if JP decides he acted in bad faith. Good luck

Going thru this now with a LL. All that you mentioned will be considered wear and tear except for the cleaning of the house and carpet. His word against yours. Management fee is a joke. He could be liable for 3 times the amount owed if JP decides he acted in bad faith. Good luck

It's so frustrating. Isn't normal wear and tear expected, and covered in most leases? It is in ours... There has to be specific damage in order for the LL to be able to deduct anything, and in this case I'm sure there wasn't.

Good luck as you go through this yourself! I hope the JP finds in favor of us, 3x's the amt!

Split Arrow forgot to mention that we paid a non-refundable pet deposit which should have covered the carpet cleaning (even though I scrubbed all spots out of the carpet). So, the LL essentially charged us twice for the carpet cleaning.

I have only had to do one small claims, which I won. It's not a ton of money, but I would probably do it on principal.

If I remember correctly, you need to send him a claim letter requesting your deposit back and give him time to respond. Then if he does not, you can file the suit. It will probably cost you about a hundred bucks to get it done.

Split Arrow forgot to mention that we paid a non-refundable pet deposit which should have covered the carpet cleaning (even though I scrubbed all spots out of the carpet). So, the LL essentially charged us twice for the carpet cleaning.

Then he is definitely trying to charge off the deposit any way possible. You can sue for up to $10000 including atty fees. Just remember that all he has to do is appeal then you have to go to district court and do it all over again. I've been told that the one with the most evidence usually wins.

Then he is definitely trying to charge off the deposit any way possible. You can sue for up to $10000 including atty fees. Just remember that all he has to do is appeal then you have to go to district court and do it all over again. I've been told that the one with the most evidence usually wins.

I don't want $10,000, I just want what is rightfully due to us. There is plenty of evidence in our favor, most importantly is the fact that our lease doesn't allow him to make three of the five deductions, regardless of the condition of the house.

Do you happen to know how long it takes to get a court date, generally speaking? I have an elk hunt from Sept 8-18 and don't want to be scheduled while I'm gone. Do you think I should just wait until I get back before filing?

Sucks you got done like that but in most cases the land lord will win. It's your word against his, with the exception of PROOF. Unless you have photo proof of what things looked like before now you're going to have trouble in court. I hope you do win though!

Be prepared and organized on your court date and you shouldn't have a problem. Still doesn't mean you will get paid if you win. I filed the writ of execution and the constables effort to collect was a joke. Took two years of me knocking on the home owners door every weekend to collect $1500 and the he still owes me more. This was in Laredo so I really didn't expect much help from the court in collecting.

take it to small claims court, he has to be able to prove what he is claiming ,, first thing when the case starts is to ask for his before and after pictures he took with a time dated camera.. ask him to supply water bills from the property from previous tenants. if he is going to claim you did not water the lawn, which you might not be responsible for if it was not in your contract for ground maintenance.... depending one where it is you may have simply made a wise choice to conserve water when so much of the state is in drought,,, lots of places will fine you for watering a lawn or even washing a car...

you dispute the claims he makes, he will have to provide evidence to support all of them..... but be sure to thoroughly read your contract word for word.... be sure of what your position is it regards to it....

Spit Arrow and Elf Feet chapter 92 of the Texas Property Code has everything you'll need as far as your rights as a tenant. The section about deposits has some good info in it and lays out the consequences if the rule of law wasn't followed.

Sucks you got done like that but in most cases the land lord will win. It's your word against his, with the exception of PROOF. Unless you have photo proof of what things looked like before now you're going to have trouble in court. I hope you do win though!

Actually, the Texas Property Code says the burden of proof is on the landlord in cases like this. He has to prove that deductions from the deposit were reasonable.

Although I can and will prove that we didn't leave the house in poor condition and/or violate the lease in any way, technically I don't have to prove anything. The burden of proof is entirely upon his shoulders.

Everyone who gets a judgement from the JP court, or any court, should record it in the deed records of the county(s) where the defendant owns real estate. If he/she ever sells any real estate, the title company will see that you are paid of...with interest. So some day you, or your heirs, will likely get paid.

Everyone who gets a judgement from the JP court, or any court, should record it in the deed records of the county(s) where the defendant owns real estate. If he/she ever sells any real estate, the title company will see that you are paid of...with interest. So some day you, or your heirs, will likely get paid.

he's smart, knows the law, AND can drop an elbow on your skull...
Burnadell IS the total package... and no Im not talking about Burnadells package,... that's adair's job.

Do you happen to know how long it takes to get a court date, generally speaking? I have an elk hunt from Sept 8-18 and don't want to be scheduled while I'm gone. Do you think I should just wait until I get back before filing?

Thanks!

The September date shouldn't be a bother, it takes at least six weeks for it all to come together. I filed one in Baytown a couple months ago and I am still waiting on a court date.

Everyone who gets a judgement from the JP court, or any court, should record it in the deed records of the county(s) where the defendant owns real estate. If he/she ever sells any real estate, the title company will see that you are paid of...with interest. So some day you, or your heirs, will likely get paid.

That interest is no joke! I've seen a lot of short sales come through my old department that had cloudy titles. When people found out how much they owed versus what the original judgment was.... well, it was amusing, and their language was colorful!

The one thing that helped me in a case like this is when i ever move into a place always and always take pics....
Take the dated news paper and put it in the pic so they know it was that date. And make sure you get everything... before moving anything into the house apt etc etc etc.....
Then when moving out .. do the same thing. CYA!!!!!!!!!!!!!!!!!!!!!!

Should I deposit the check he sent? It's only a few hundred dollars, and I'd hate to unknowingly give consent by cashing the check or something. Thoughts?

Does the check have any restricted endorsements on it, like "final payment" or "settlement"? If so, heck no. Most banking institutions don't accept restricted endorsements due to the potential legal mess, but sometimes they slip through the cracks.

EDIT: Especially if you include the fact that you are going to file for the full amount allowed by law which I believe to be something like 1 and 1/2 of the deposit. I would need to check the code first. Look it up.

EDIT: Especially if you include the fact that you are going to file for the full amount allowed by law which I believe to be something like 1 and 1/2 of the deposit. I would need to check the code first. Look it up.

It's 3 times and no need to threaten anything just file and have him served is threat enough. He should know the code he's in the business.